Copyright (c) 2000-2003, Whitehead Institute for Biomedical
Research; 2003-2006 Massachusetts Institute of Technology.
Redistribution and use in source and binary forms are subject to the
terms of the following license agreement.
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*** (PROGRAM NAME) LICENSE AGREEMENT ***
This License Agreement (the "Agreement") is made between the
Massachusetts Institute of Technology, a not-for-profit organization
and the licensing agent for the Whitehead Institute for Biomedical
Research ("WHITEHEAD") with a principal address at 77 Massachusetts
Avenue, Cambridge, MA 02139 ("M.I.T."), and the individual
downloading this program ("YOU"), and is effective at the date the
downloading is completed ("Effective Date"). WHITEHEAD and M.I.T.
are the owners of certain rights, title, and interest in the
computer program entitled (PROGRAM NAME) and related documentation, if
any, as they exist on the Effective Date and as can be downloaded
from http://www.broad.mit.edu/wga/ on the Effective Date (the
"Program"). YOU wish to obtain and M.I.T. agrees to grant, on its
own behalf and on behalf of WHITEHEAD, a non-exclusive license to
use and modify the program for internal research and educational
purposes only under the terms of the Agreement. M.I.T. and YOU, in
consideration of the above, agree as follows:
1. M.I.T. hereby grants to YOU, on the Effective Date, nonexclusive
rights to use, reproduce, modify, and display the source code and
executable code of the Program for internal research and educational
purposes only, without any rights whatsoever to redistribute the
program, under the terms and conditions of the Agreement. WHITEHEAD
and M.I.T. retain all ownership rights in the Program, including
patent rights, copyrights, and licensing rights. YOU may retain
ownership in Modifications created by YOU, provided that YOU hereby
grant to WHITEHEAD and M.I.T. a non-exclusive, royalty-free,
irrevocable, perpetual license to use reproduce, modify, display,
and distribute the source code and executable code in all such
Modifications. YOU agree to forward to M.I.T. any and all
Modifications, sending such Modifications to: (PROGRAM NAME), Broad
Institute, 7 Cambridge Center, Cambridge, MA 02142, or in
electronic form to: wga@broad.mit.edu. YOU shall be entitled to
establish all proprietary rights for itself in the Modifications,
provided that proper copyright attributions are maintained. No
rights, express or implied, for use other than specified in this
Agreement are transferred.
2. YOU agree to restrict the use of the Program to yourself for
research and educational purposes only. YOU agree to use the
Program only at the site where the Program is downloaded. YOU agree
that the Program will not be used as the basis of a commercial
software or hardware product and that the same will not be rewritten
in another computer language or otherwise adapted to circumvent the
need for obtaining a license from M.I.T. for use of the Program
other than as specified by this Agreement.
3. The name of the Whitehead Institute, the "Broad Institute" or
M.I.T. may not be used to endorse or promote products derived from
this software. YOU agree to acknowledge use of the Program in any
publication resulting from use of the Program according to academic
tradition.
4. YOU acknowledge that title to the Program (including copyright)
will remain with WHITEHEAD and M.I.T. and that any copies of the
Program or portions of the Program made by YOU shall include
WHITEHEAD and M.I.T. copyright notices in the same format and
location as the copy received by YOU under this agreement.
5. YOU accept the above materials on an "AS IS" basis. M.I.T. and
WHITEHEAD are under no obligation to load the Program onto YOUR
machines, test for proper operation, perform any debugging, make any
corrections, provide maintenance, provide any updates, or assist in
the understanding or use of the Program. The Program is a research
program, and M.I.T. and WHITEHEAD do not represent that it is free
of errors or bugs or suitable for any particular tasks.
6. YOU AGREE THAT THE RIGHTS GRANTED HEREUNDER ARE MADE AVAILABLE
WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, AND FURTHER INCLUDING NO WARRANTY AS TO
CONFORMITY WITH WHATEVER USER MANUALS OR OTHER LITERATURE MAY BE
ISSUED FROM TIME TO TIME. NOTHING IN THIS AGREEMENT SHALL BE
CONSTRUED AS A REPRESENTATION MADE OR WARRANTY GIVEN BY M.I.T. OR
WHITEHEAD THAT THE PRACTICE BY YOU OF THE LICENSE GRANTED HEREUNDER
SHALL NOT INFRINGE THE PATENT RIGHTS, COPYRIGHTS, OR OTHER
INTELLECTUAL PROPERTY RIGHTS OF M.I.T., WHITEHEAD, OR ANY THIRD
PARTY.
IN NO EVENT SHALL M.I.T., WHITEHEAD, OR THEIR RESPECTIVE TRUSTEES,
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ASSOCIATES BE LIABLE FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING ECONOMIC
DAMAGE OR INJURY TO PROPERTY AND LOST PROFITS, REGARDLESS OF WHETHER
M.I.T. OR WHITEHEAD SHALL BE ADVISED, SHALL HAVE OTHER REASON TO
KNOW, OR IN FACT SHALL KNOW OF THE POSSIBILITY.
7. To the extent allowed by law, YOU shall at all times during the
term of this Agreement and thereafter, indemnify, defend and hold
harmless M.I.T., WHITEHEAD, and their respective trustees,
directors, officers, employees, agents and affiliates, against all
claims, proceedings, demands, and liabilities of any kind
whatsoever, including legal expenses and reasonable attorneys fees,
arising out of, connected with, resulting from or sustained as a
result of use of the Program by YOU. In no event shall M.I.T. or
WHITEHEAD be liable for special, direct, indirect or consequential
damages, losses, costs, charges, claims, demands, fees, or expenses
of any nature or kind.
8. This Agreement shall be construed, governed, interpreted, and
applied in accordance with the laws of the Commonwealth of
Massachusetts, U.S.A.
9. The term of this Agreement is one year (the "Term"). At the end
of the Term, the Agreement shall be automatically renewed under the
same terms and conditions unless M.I.T. indicates otherwise. M.I.T.
shall have the right to terminate this Agreement for any reason by
giving thirty (30) days written notice to YOU. Upon termination for
any reason, YOU agree to destroy the original and all copies,
including partial copies, of the Program.
10. The parties agree that this Agreement is the entire Agreement,
and shall not be subject to any change or modification except in
writing by both parties.
11. The provisions of this Agreement are severable, and if any
provisions of this Agreement are determined to be invalid or
unenforceable, such determination shall not in any way affect the
validity or enforceability of the remaining provisions.